Patna High CourtCR. MISC./76311/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-12-04Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76311 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== ROHIT KUMAR SON OF RAGHUNATH DAS R/O- BANJHULA, PSCHAKIA, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The instant Criminal Miscellaneous Application arises out of the F.I.R., bearing Chakia P.S. Case No. 570 of 2022, dated 31.12.2022, Tr. No. 1719 of 2023, instituted for the offences punishable under Sections 341, 382, 34 of the Indian Penal Code. The petitioner is in custody since 04.03.2023.

3. It is submitted by the learned Advocate for the petitioner that during investigation Police failed to recover any of the incriminating articles from the possession of the petitioner. He was arrested in this case only on the basis of a purported confessional statement made by another accused namely Abhishek Kumar. Charge-sheet has already been submitted.

4. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.76311 of 2023(2) dt.04-12-2023 2/2 has vehemently opposed the prayer for bail of the petitioner.

5. In view of such circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, one of whom must be a local surety having landed property, to the satisfaction of Sri Avinash Kumar, Judicial Magistrate Sadar, East Champaran, Motihari in connection with Chakia P.S. Case No. 570 of 2022, Tr. No. 1719 of 2023, with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.

Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.

(Bibek Chaudhuri, J) pravinkumar/- U T